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Help with small claims, claim

2 replies

muddleddaizy · 21/01/2011 08:25

I bought a car with dangerous brakes from a second hand dealer. I am currently trying to get my money back using the small claims court.

I received a letter from the court with this paragraph in and I was wondering if anyone could tell me exactly what is the judge looking for as I thought Id covered all this.

The claim is stayed on the grounds that the claimants statement of case discloses inadequate particulars of claim. Unless by xxx on or before xx xxx xxxx the claimant files and serves a further statement of case that sets out full particulars (to include full details of the contract and the terms thereof, the claim will stand struck out.

I have tried to contact my local CAB with no success at the moment so any help will be gratefully received!

OP posts:
LIZS · 21/01/2011 08:37

Hopefully someone will respond who has been through the process. Assume you sent a copy of the sales contract and any paperwork supporting your claim that it was dangerous and knowingly sold as such ?

lindsell · 21/01/2011 09:02

You need to set out all of the elements of the claim and basic facts to To prove them so something like:

On [. ] I entered into an agreement with X to purchase [ describe car] I paid [ ] and took delivery of the car on [ ].

It was an implied term of the agreement, by virtue of the Sale of Goods Act, that the car would be fit for purpose. X is in breach of this implied term because [explain briefly prob with car]. As a result of X's breach I have suffered loss and damage in the sum of [ ].

Further or in the alternative, X represented to me that the car was [whatever he said], in reliance on this representation I purchased the car. This was a negligent misrepresentation as X knew or should have known that the car [describe prob]. I have suffered damage as a result of the negligent misrepresentation in the sum of [ ].

And the claimant claims damages for breach of contract and/or misrepresentation. "

Something like that should suffice - if you actually had a written contract then look through that and include details of any
Clauses he was in breach of and include a copy of the contract.

hth

Ps sorry for some random formatting - on phone!

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